06-08-04CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: June 8, 2004 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: July 20, 2004 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before
engaging in any lobbying activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who are retained (whether
paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and
selection of professional consultants, and virtually all - legislative, quasi -
judicial and administrative action. It does not apply to not - for - profit
organizations, local chamber and merchant groups, homeowner associations,
or trade associations and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) 7:00 p.m.
1) Chief's Award presented by the Police Department
2) Parking Committee Report
REGULAR CITY COMMISSION 1
AGENDA - June 8, 2004
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of June 1, 2004
2. City Manager's Report:
a) Review of procedural matters in the Police Department
relating to the investigation of the former Mayor
b) Response to the Mayor's request relating to adult
facilities, identifying a radius to be studied
c) Parking Enforcement Contract Insurance Definition
d) Update on the Shops at Sunset and the Valencia
Apartments tax assessment
3. City Attorney's Report
PUBLIC REMARKS
(5- minute limit)
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING LARRY A. LIGAMMARE TO SERVE ON
THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING MAY 31, 2006; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION APPOINTING LARRY A LIGAMMARE TO SERVE ON THE
CRB FOR A TWO - YR TERM) 3/5
(Mayor Russell)
S. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING CLAIRE S. GREENWALD AND
RUSSELL F. NANSEN TO SERVE ON THE COMMISSION FOR SENIOR
CITIZENS FOR A TWO YEAR TERM ENDING MAY 31, 2006; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RE- APPOINTING CLAIRE S. GREENWALD AND RUSSELL
F. NANSEN TO SERVE ON THE COMMISSION FOR SENIOR CITIZENS FOR
A TWO - YR TERM)
(Mayor Russell)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
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AGENDA - June 8, 2004
MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI -DADE
COUNTY FOR A FIVE -YEAR ROUTINE MAINTENANCE OF THE
LUDLAM GLADES AND BROAD CANALS FOR AN AMOUNT NOT TO
EXCEED $37,392 ANNUALLY; FUNDS TO COME FROM STORMWATER
BUDGET ACCOUNT NUMBER 111- 1730 - 541 -3450; PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH MIAMI -DADE COUNTY FOR A 5 -YR ROUTINE
MAINTENANCE OF THE LUDLAM GLADES AND BROAD CANALS FOR AN AMT
NOT TO EXCEED $37, 392/YR)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE PUBLIC
SWIMMING POOL FEASIBILITY STUDY ( MURRAY PARK MASTER
PLAN UPDATE); PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION ACCEPTING THE SWIMMING POOL FEASIBILITY STUDY
FOR MURRAY PARK)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO EXECUTE A CHANGE ORDER AGREEMENT
WITH PETRO HYDRO, INC. FOR ADDITIONAL CONSTRUCTION
SERVICES UNDER DOWNTOWN IMPROVEMENTS - PHASE II
CONSTRUCTION AT AN AMOUNT OF $37,000 TO BE CHARGED TO
THE US ENVIRONMENTAL PROTECTION AGENCY STATE TRIBAL
ASSISTANCE GRANT AND THE PEOPLE TRANSPORTATION TAX
ACCOUNT NUMBERS 001- 0000 - 132 -2061 AND 124- 1730 -541-
3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CHANGE ORDER AGREEMENT WITH PETRO HYDRO FOR ADDITIONAL
CONSTRUCTION SERVICES UNDER DOWNTOWN IMPROVEMENTS AT AN AMT
OF $37,000)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE $15,997.50 TO TJ PAVEMENT CORP. FOR
EMERGENCY SIDEWALK REPAIR, TO BE CHARGED TO PUBLIC
WORKS DEPARTMENT STREET MAINTENANCE AND LOCAL OPTION
GAS TAX ACCOUNT NUMBERS 001 - 1730 - 541 -4640 AND 112 -1730-
541- 4640; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE
$15,997.50 TO TJ PAVEMENT FOR EMERGENCY SIDEWALK REPAIR)
(City Manager)
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AGENDA - June 8, 2004
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
ACCEPTANCE OF AN EMERGENCY PREPAREDNESS GRANT FROM THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FY 2003/04 OF
$45,259; AUTHORIZING THE CITY MANAGER TO EXECUTE
APPLICABLE CONTRACTS AND DOCUMENTS; TO SET UP A SPECIAL
REIMBURSABLE ACCOUNT #615- 000 - 115 -3043, "FEDERAL
FORFEITURE FUND- MISCELLANEOUS RECEIVABLE "; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO THE ACCEPTANCE OF AN EMERGENCY
PREPAREDNESS GRANT FROM THE FLA DEPT OF COMMUNITY AFFAIRS FY
03104 OF $45,259; AUTHORIZING THE CITY MANAGER TO EXECUTE
APPLICABLE CONTRACTS & DOCUMENTS AND TO SET UP A SPECIAL
REIMBURSABLE ACCT)
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE UNIFORMS FROM FLORIDA POLICE
PRODUCTS AS A PRIMARY VENDOR AND LOU'S GUNSHOP AS A
SECONDARY VENDOR FOR GEAR FOR THE NEXT TWO YEARS WITH
AN OPTION OF TWO, ONE YEAR RENEWALS IN AN AMOUNT NOT TO
EXCEED $30,000.00 PER FISCAL YEAR CHARGING THE
DISBURSEMENTS TO ACCOUNT NUMBER 001 -1910- 521.5220
TITLED "POLICE UNIFORMS "; AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE
UNIFORMS FROM FLA POLICE PRODUCTS AS A PRIMARY VENDOR &
LOU'S GUNSHOP AS A SECONDARY VENDOR FOR GEAR FOR THE NEXT 2
YRS WITH AN OPTION OF TWO, ONE -YR RENEWALS IN AN AMT NOT TO
EXCEED $30,000 /PER FY CHARGING IT TO THE `POLICE UNIFORMS'
ACCT W/BAL $4,628)
(City Manager)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $15,039.54; CHARGING
$378.12 TO ACCOUNT NO. 1500 -514 -3435, REAL
PROPERTY / FORECLOSURE; CHARGING $8,373.19 TO ACCOUNT NO.
1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING
$6,235.97 TO ACCOUNT NO. 1500- 514 -3452, CODE
ENFORCEMENT; AND CHARGING $52.26, TO ACCOUNT NO. 608-
1910- 521 -3100, PROFESSIONAL SERVICES, FORFEITURE;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO IN THE AMT OF $15,039.54; CHARGING ACCT'S `REAL
PROPERTY /FORECLOSURE;' `LEGAL SERVICES, NON - RETAINER; "CODE
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AGENDA - June 8, 2004
ENFORCEMENT;' AND `PROFESSIONAL SERVICES; FORFEITURE;' W /THE
FOLLOWING RESPECTIVE BAL's: $14,795.52; $31,567.96;
$16,233.98; AND $9,684.04)
(City Attorney)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
SECTION 2 -3 OF THE CITY OF SOUTH MIAMI CODE OF
ORDINANCES, ENTITLED "COMPENSATION FOR COMMISSIONERS
AND MAYOR - ESTABLISHED" TO ALLOW FOR AN INCREASE IN
COMMISSIONER COMPENSATION; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Commissioner Sherar)
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PLANNING
BOARD, AMENDING SECTION 20- 6.1(B)(2) OF THE SOUTH MIAMI
LAND DEVELOPMENT CODE, IN ORDER TO ALLOW SPECIAL
MEETINGS OF THE BOARD TO BE CALLED WHEN CIRCUMSTANCES
PREVENT A REGULARLY SCHEDULED MEETING FROM BEING HELD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO.
15 -02 -1783 RELATING TO BOARDS AND COMMITTEESS; AMENDING
SEC. 2 -26.8 OF THE CODE OF ORDINANCES, ENTITLED "BUDGET
AND FINANCE COMMITTEE; AMENDING MEMBERSHIP
REQUIREMENTS; AMEENDING DUTIES AND RESPONSIBILITIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
(Tabled 6101104) 3/5
(Mayor Russell)
RESOLUTION (8)/PUBLIC HEARING (S)
(None)
RESOLUTION (S)
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AGENDA - June 8, 2004
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH
FOR LEGAL SERVICES TO PROVIDE AN OPINION IN THE MATTER
OF FORMER CITY MANAGER CHARLES SCURR'S PENSION;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH FOR LEGAL SERVICES TO PROVIDE AN
OPINION IN THE MATTER OF FORMER CITY MGR CHARLES SCURR'S
PENSION)
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(None)
ORDINANCE (S) FIRST READING
(None)
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION.°
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
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AGENDA - June 8, 2004